DAVID VS ARROYO

GR NO 171396
MAY 3 2006
J SANDOVAL-GUTIERREZ

FACTS
Pres Arroyo issued PP 1017, declaring a state of national emergency. Subsequently,
Presidential Chief of Staff Defensor announced that "warrantless arrests and take-
over of facilities, including media, can already be implemented." The PNP warned
that it would take over any media organization that would not follow "standards set
by the government during the state of national emergency."

ISSUE
W/N the President can order the temporary take-over or direct the operation of any
privately-owned public utility or business affected with public interest

RULING
NO.

While the President alone can declare a state of national emergency, however,
without legislation, he has no power to take over privately-owned public utility or
business affected with public interest. Without legislation, the President has no
power to point out the types of businesses affected with public interest that
should be taken over. In short, the President has no absolute authority to exercise
all the powers of the State under Section 17, Article VII in the absence of an
emergency powers act passed by Congress.